SAJAN Vs. STATE OF MAHARASHTRA
SUPREME COURT OF INDIA
STATE OF MAHARASHTRA
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(2.)These appeals have been filed by the appellants assailing the impugned judgment and final order dated 21.08.2017 passed by the
High Court of Judicature at Bombay Bench at Aurangabad in First
Appeal No.601 of 1997 along with Cross Objection St. No.22145 of
1997 in the First Appeal in and by which the High Court partly allowed the appeal and inter-alia reduced the compensation for the
land by giving 40% deduction towards development cost.
(3.)The facts giving rise to these appeals are that land in Gat No.85 at village Mhasekota, Tehsil Soyegaon, District Aurangabad
admeasuring 6 acres (2.40 hectares) owned by the partnership firm
of the appellant and respondents No.2 and 3 was proposed for
acquisition for the purpose of construction of Hiwra Dam project by
the office of the Executive Engineer, Jalgaon Medium Project
Division. Accordingly, on 29.03.1982, the Special Land Acquisition
Officer issued notification under Section 4 of the Land Acquisition
Act, 1984 (for short, "Land Acquisition Act") and on 03.11.1983,
notification under Section 6 was published. Out of this acquired
land, land admeasuring 0.80 hectares was non-agricultural land
used for running the Sugar Mill by the partnership firm and the
remaining was cultivable land.
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